Criminal Law Experts Specializing in their Fields are More in Demand

Please trace the evolution of the scope of practice of criminal law in India?

It has not changed much. However, with the introduction of certain new acts, the scenario has changed a little. For example, earlier, litigation used to be the only solution in criminal cases. With the introduction of the Delhi Legal Services Authority Act, 2005, the court, instead wants settlements on the basis of consensus among the affected parties for such offences that are not punishable with sentences of more than three years. Causing injury due to rash driving or petty stealing/theft are examples of such offences. In cases such as these, criminal lawyers act as mediators and counsellors.

There are, in fact, various fields in criminal law. You have the Indian Penal Code (IPC) cases like murder, cheating, forgery, fraud, robbery, dowry deaths, dacoity etc. Then there are cases that deal with the Negotiable Instrument Act, like cheque defrauds, Registrar of Companies prosecution, income tax prosecution, trademark and copyright violation (all white-collar crimes).

Prosecution is also done on the basis of the Information Technology Act, Intellectual Property Rights, Companies Act, Customs Act, FEMA etc. All these come under criminal law. There are many other acts. Your earnings will, however, depend on the field you work in and your expertise. For example, if you are dealing with corporate criminals, the scope of work is brighter because you deal with civilised people, not hardened criminals. I think it has better prospects as far as the financial aspects are concerned.

Are there adequate numbers of criminal lawyers in India? If not, why?

As far as criminal law is concerned, real experts in any one particular field are very few in India. If you talk in terms of media presence of lawyers as noted experts in their respective fields, you will find few names popping up again and again from different cities. This should not have been so.

Initially, there were no training programmes for students studying law. But now institutions have started providing specific training as per the chosen option of the student. Then, there are specific courses, which are either degree or diploma... They have started PG courses as well in particular fields. Therefore, in five or 10 years we will have more individual experts in the field of criminal law.

What is your advice to young aspirants? What should they be doing to prepare themselves for a career in criminal law?

First, they should choose a specific field, like IPC, IT or corporate. Then, they need to update theselves with particular acts and the related provisions of law as well as the judgment resting on the particular subject. I will like to add one thing here. The Indian Evidence Act, which is applicable to all the courts, forums, tribunals and other authorities in the country, needs to be understood thoroughly. Once you have done this, you may go on to join a law firm/ industry/ practice under a senior or venture out independently.

What are the main challenges?

A majority of us are not really experts in one particular field. Earlier criminal law did not have such a wide scope. But now, with the introduction of certain new acts, the scope has become wider and requires specialisation and expertise in one particular field. You need specialisation, plus you need to develop unique communication skills.

 

Author: Pranab Ghosh (HT Horizons)

Date: 26th November, 2010

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